[PHOTO - Muslim women, who joined a nationwide peace
caravan from Mindanao in a show of support to the signing of the
Bangsamoro framework agreement, during a vigil near Malacañang palace.
The government and the Moro group signed on Monday, October 15, 2012,
the framework agreement, which paves the way for the creation of a
Bangsamoro region to replace the Autonomous Region in Muslim Mindanao.
VAL RODRIGUEZ]

MANILA, OCTOBER 15, 2012 (PHILSTAR) Chief peace
negotiators of the government and the Moro Islamic Liberation Front (MILF)
on Monday signed the "framework agreement," which lays down the
groundwork for the final and enduring peace in Mindanao.

The chief negotiators of both sides, Marvic Leonen and Mohagher Iqbal
signed the framework agreement around 3 p.m., in the presence of
President Benigno Aquino III, MILF Chairman Al Haj Murad and Malaysian
Prime Minister Najib Tun Razak.

"In full view of the Filipino people... we commit to peace. A peace
that will be sustained to democratic ideals," President Aquino said
before the actual signing of the agreement.

[PHOTO- NUR MISUARI, CHAIRMAN OF THE MNLF]

He said that with the framework agreement, residents of Mindanao will
be given an equal opportunity as those being enjoyed by residents of the
capital region.

"People will be empowered. They will gain knowledge and marketable
skills...We will give people a chance to direct their lives towards
advancement in a democratic, peaceful, and safe society," he added.

Razak, meanwhile, promised in his speech that Malaysia will stay with
the Philippine government and the MILF until a final peace agreement is
signed.

"I give my assurance to all the people of the Philippines, we will
stand with you to make this agreement work," the Malaysian prime
minister said.

Both leaders agree that the framework agreement will not ultimately
solve the problem in Mindanao, but they are both hopeful that all
quarters will unite to achieve a lasting peace in the southern
Philippines.

Peace adviser Secretary Teresita Deles and Murad also spoke before
the actual signing.

At a press conference after the signing, Iqbal said that both panels
will meet again in November to discuss the final peace agreement. He
declined to provide more details.

He said that the MILF is hoping that the comprehensive peace pact
will be signed after the meeting.

Leonen, for his part, said that the annexes of the agreement will be
discussed during the next meeting, which will be held in Kuala Lumpur,
Malaysia.

[PHOTO -PHILIPPINE PEACE PACT: All sides must make the deal work.
Philippine President Benigno Aquino (right) and government negotiator
Marvic Leonen are ecstatic after the government and MILF reached a
preliminary peace deal on Oct 7. AP pic ]

Fighters rejoice

Hundreds of MILF guerillas clad in combat gears watched the signing
of the framework agreement on television at the Moro group's main
headquarters in Camp Darapanan in Maguindanao province.

The fighters repeatedly chanted Allahu Akbar (Allah is great), while
Murad was delivering his speech before the signing of the accord.

The rebels, mostly Iranon and Maguindanaon natives, cheered loudly
while Iqbal and Leonen signed the document.

Col. Prudencio Asto, public affairs chief of the Army’s 6th Infantry
Division, said the situation in Maguindanao and North Cotabato, where
the MILF has dozens of enclaves, were peaceful during the signing of the
framework agreement.

Asto said the rank-and-file personnel of the 6th ID, whose unit have
repeatedly figured in fierce clashes with the MILF in recent years,
supports the framework agreement.

“Every soldier in the 6th ID wants to see peace and development
spread around the areas under the division’s jurisdiction,” Asto said.
with John Unson and Dennis Carcamo

Copy of the 'Framework Agreement on the Bangsamoro'
Home Updated October 15, 2012 02:08 PM 0 comment to this post

In the Name of God, the Beneficent, the Merciful

FRAMEWORK AGREEMENT ON THE BANGSAMORO

The Philippine Government (GPH) and the Moro Islamic Liberation Front
(MILF) herein referred to as the Parties to this Agreement,

HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:

I. ESTABLISHMENT OF THE BANGSAMORO

1. The Parties agree that the status quo is unacceptable and that the
Bangsamoro shall be established to replace the Autonomous Region in
Muslim Mindanao (ARMM). The Bangsamoro is the new autonomous political
entity (NPE) referred to in the Decision Points of Principles as of
April 2012.

2. The government of the Bangsamoro shall have a ministerial form.

The Parties agree to entrench an electoral system suitable to a
ministerial form of government. The electoral system shall allow
democratic participation, ensure accountability of public officers
primarily to their constituents and encourage formation of genuinely
principled political parties. The electoral system shall be contained in
the Bangsamoro Basic Law to be implemented through legislation enacted
by the Bangsamoro Government and correlated with national laws.

3. The provinces, cities, municipalities, barangays and geographic
areas within its territory shall be the constituent units of the
Bangsamoro.

The authority to regulate on its own responsibility the affairs of
the constituent units is guaranteed within the limit of the Bangsamoro
Basic Law. The privileges already enjoyed by the local government units
under existing laws shall not be diminished unless otherwise altered,
modified or reformed for good governance pursuant to the provisions of
the Bangsamoro local government code.

4. The relationship of the Central Government with the Bangsamoro
Government shall be asymmetric.

5. The Parties recognize Bangsamoro identity. Those who at the time
of conquest and colonization were considered natives or original
inhabitants of Mindanao and the Sulu archipelago and its adjacent
islands including Palawan, and their descendants whether of mixed or of
full blood shall have the right to identify themselves as Bangsamoro by
ascription or self-ascription.

Spouses and their descendants are classified as Bangsamoro. The
freedom of choice of other Indigenous peoples shall be respected.

II. BASIC LAW

1. The Bangsamoro shall be governed by a Basic Law.

2. The provisions of the Bangsamoro Basic Law shall be consistent
with all agreements of the Parties.

3. The Basic Law shall reflect the Bangsamoro system of life and meet
internationally accepted standards of governance.

4. It shall be formulated by the Bangsamoro people and ratified by
the qualified voters within its territory.

III. POWERS

1. The Central Government will have reserved powers, the Bangsamoro
Government shall have its exclusive powers, and there will be concurrent
powers shared by the Central Government and the Bangsamoro Government.

The Annex on Power Sharing, which includes the principles on
intergovernmental relations, shall form part of this Agreement and guide
the drafting of the Basic Law.

2. The Central Government shall have powers on:

a) Defense and external security

b) Foreign policy

c) Common market and global trade, provided that the power to enter
into economic agreements already allowed under Republic Act No. 9054
shall be transferred to the Bangsamoro

d) Coinage and monetary policy

e) Citizenship and naturalization

f) Postal service

This list is without prejudice to additional powers that may be
agreed upon by the Parties.

3. The Parties recognize the need to strengthen the Shari’ah courts
and to expand their jurisdiction over cases. The Bangsamoro shall have
competence over the Shari’ah justice system. The supremacy of Shari’ah
and its application shall only be to Muslims.

4. The Bangsamoro Basic Law may provide for the power of the
Bangsamoro Government to accredit halal-certifying bodies in the
Bangsamoro.

5. The Bangsamoro Basic Law shall provide for justice institutions in
the Bangsamoro. This includes:

a) The competence over the Shari’ah justice system, as well as the
formal institutionalization and operation of its functions, and the
expansion of the jurisdiction of the Shari’ah courts;

b) Measures to improve the workings of local civil courts, when
necessary; and

c) Alternative dispute resolution systems.

6. The customary rights and traditions of indigenous peoples shall be
taken into consideration in the formation of the Bangsamoro’s justice
system. This may include the recognition of indigenous processes as
alternative modes of dispute resolution.

IV. REVENUE GENERATION AND WEALTH SHARING

1. The parties agree that wealth creation (or revenue generation and
sourcing) is important for the operation of the Bangsamoro.

2. Consistent with the Bangsamoro Basic Law, the Bangsamoro will have
the power to create its own sources of revenues and to levy taxes, fees,
and charges, subject to limitations as may be mutually agreed upon by
the Parties. This power shall include the power to determine tax bases
and tax rates, guided by the principles of devolution of power,
equalization, equity, accountability, administrative simplicity,
harmonization, economic efficiency, and fiscal autonomy.

3. The Bangsamoro will have the authority to receive grants and
donations from domestic and foreign sources, and block grants and
subsidies from the Central Government. Subject to acceptable credit
worthiness, it shall also have the authority to contract loans from
domestic and foreign lending institutions, except foreign and domestic
loans requiring sovereign guaranty, whether explicit or implicit, which
would require the approval of the Central Government.

4. The Bangsamoro shall have a just and equitable share in the
revenues generated through the exploration, development or utilization
of natural resources obtaining in all the areas/territories, land or
water, covered by and within the jurisdiction of the Bangsamoro, in
accordance with the formula agreed upon by the Parties.

5. The Bangsamoro may create its own auditing body and procedures for
accountability over revenues and other funds generated within or by the
region from external sources.

This shall be without prejudice to the power, authority and duty of
the national Commission on Audit to examine, audit and settle all
accounts pertaining to the revenues and the use of funds and property
owned and held in trust by any government instrumentality, including
GOCCs.

6. The details of revenue and wealth sharing arrangements between the
Central Government and the Bangsamoro Government shall be agreed upon by
the Parties. The Annex on Wealth Sharing shall form part of this
Agreement.

7. There shall be an intergovernmental fiscal policy board composed
of representatives of the Bangsamoro and the Central Government in order
to address revenue imbalances and fluctuations in regional financial
needs and revenue-raising capacity. The Board shall meet at least once
in six (6) months to determine necessary fiscal policy adjustments,
subject to the principles of intergovernmental relations mutually agreed
upon by both Parties. Once full fiscal autonomy has been achieved by the
Bangsamoro then it may no longer be necessary to have a representative
from the Central Government to sit in the Board. Fiscal autonomy shall
mean generation and budgeting of the Bangsamoro’s own sources of
revenue, its share of the internal revenue taxes and block grants and
subsidies remitted to it by the central government or any donor.

8. The Parties agree that sustainable development is crucial in
protecting and improving the quality of life of the Bangsamoro people.
To this end, the Bangsamoro shall develop a comprehensive framework for
sustainable development through the proper conservation, utilization and
development of natural resources. For efficient coordination and
assistance, the Bangsamoro legislative body shall create, by law, an
intergovernmental body composed of representatives of the Bangsamoro and
the Central Government, which shall ensure the harmonization of
environmental and developmental plans, as well as formulate common
environmental objectives.

V. TERRITORY

1. The core territory of the Bangsamoro shall be composed of: (a) the
present geographical area of the ARMM; (b) the Municipalities of Baloi,
Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao
del Norte and all other barangays in the Municipalities of Kabacan,
Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for
inclusion in the ARMM during the 2001 plebiscite; (c) the cities of
Cotabato and Isabela; and (d) all other contiguous areas where there is
a resolution of the local government unit or a petition of at least ten
percent (10%) of the qualified voters in the area asking for their
inclusion at least two months prior to the conduct of the ratification
of the Bangsamoro Basic Law and the process of delimitation of the
Bangsamoro as mentioned in the next paragraph.

2. The Parties shall work together in order to ensure the widest
acceptability of the Bangsamoro Basic Law as drafted by the Transitory
Commission and the core areas mentioned in the previous paragraph,
through a process of popular ratification among all the Bangsamoro
within the areas for their adoption. An international third party
monitoring team shall be present to ensure that the process is free,
fair, credible, legitimate and in conformity with international
standards.

3. Areas which are contiguous and outside the core territory where
there are substantial populations of the Bangsamoro may opt anytime to
be part of the territory upon petition of at least ten percent (10%) of
the residents and approved by a majority of qualified voters in a
plebiscite.

4. The disposition of internal and territorial waters shall be
referred to in the Annexes on Wealth and Power Sharing.

5. Territory refers to the land mass as well as the maritime,
terrestrial, fluvial and alluvial domains, and the aerial domain and the
atmospheric space above it. Governance shall be as agreed upon by the
parties in this agreement and in the sections on wealth and power
sharing.

6. The Bangsamoro Basic Law shall recognize the collective democratic
rights of the constituents in the Bangsamoro.

VI. BASIC RIGHTS

1. In addition to basic rights already enjoyed, the following rights
of all citizens residing in the Bangsamoro bind the legislature,
executive and judiciary as directly enforceable law and are guaranteed:

a. Right to life and to inviolability of one’s person and dignity;

b. Right to freedom and expression of religion and beliefs;

c. Right to privacy;

d. Right to freedom of speech;

e. Right to express political opinion and pursue democratically
political aspiration;

f. Right to seek constitutional change by peaceful and legitimate
means;

g. Right of women to meaningful political participation, and
protection from all forms of violence;

h. Right to freely choose one’s place of residence and the
inviolability of the home;

i. Right to equal opportunity and non-discrimination in social and
economic activity and the public service, regardless of class, creed,
disability, gender and ethnicity;

j. Right to establish cultural and religious associations;

k. Right to freedom from religious, ethnic and sectarian harassment;
and

l. Right to redress of grievances and due process of law.

2. Vested property rights shall be recognized and respected. With
respect to the legitimate grievances of the Bangsamoro people arising
from any unjust dispossession of their territorial and proprietary
rights, customary land tenure or their marginalization shall be
acknowledged. Whenever restoration is no longer possible, the Central
Government and the Government of the Bangsamoro shall take effective
measures for adequate reparation collectively beneficial to the
Bangsamoro people in such quality, quantity and status to be determined
mutually.

3. Indigenous peoples’ rights shall be respected.

4. The Central Government shall ensure the protection of the rights
of the Bangsamoro people residing outside the territory of the
Bangsamoro and undertake programs for the rehabilitation and development
of their communities. The Bangsamoro Government may provide assistance
to their communities to enhance their economic, social and cultural
development.

VII. TRANSITION AND IMPLEMENTATION

1. The Parties agree to the need for a transition period and the
institution of transitional mechanisms.

2. The Parties agree to adopt and incorporate an Annex on
Transitional Arrangements and Modalities, which forms a part of this
Framework Agreement.

3. There shall be created a Transition Commission through an
Executive Order and supported by Congressional Resolutions.

4. The functions of the Transition Commission are as follows:

a. To work on the drafting of the Bangsamoro Basic Law with
provisions consistent with all agreements entered and that may be
entered into by the Parties;

b. To work on proposals to amend the Philippine Constitution for the
purpose of accommodating and entrenching in the constitution the
agreements of the Parties whenever necessary without derogating from any
prior peace agreements;

c. To coordinate whenever necessary development programs in
Bangsamoro communities in conjunction with the MILF Bangsamoro
Development Agency (BDA), the Bangsamoro Leadership and Management
Institute (BLMI) and other agencies.

5. The Transition Commission shall be composed of fifteen (15)
members all of whom are Bangsamoro. Seven (7) members shall be selected
by the GPH and eight (8) members, including the Chairman, shall be
selected by the MILF.

6. The Transition Commission will be independent from the ARMM and
other government agencies. The GPH shall allocate funds and provide
other resources for its effective operation. All other agencies of
government shall support the Transition Commission in the performance of
its tasks and responsibilities until it becomes functus oficio and cease
to exist.

7. The draft Bangsamoro Basic Law submitted by the Transition
Commission shall be certified as an urgent bill by the President.

8. Upon promulgation and ratification of the Basic Law, which
provides for the creation of the Bangsamoro Transition Authority (BTA),
the ARMM is deemed abolished.

9. All devolved authorities shall be vested in the Bangsamoro
Transition Authority during the interim period. The ministerial form and
Cabinet system of government shall commence once the Bangsamoro
Transition Authority is in place. The Bangsamoro Transition Authority
may reorganize the bureaucracy into institutions of governance
appropriate thereto.

10. The Bangsamoro Transition Authority shall ensure that the
continued functioning of government in the area of autonomy is exercised
pursuant to its mandate under the Basic Law. The Bangsamoro Transition
Authority will be immediately replaced in 2016 upon the election and
assumption of the members of the Bangsamoro legislative assembly and the
formation of the Bangsamoro government.

11. There will be created a third party monitoring team to be
composed of international bodies, as well as domestic groups to monitor
the implementation of all agreements.

12. At the end of the transition period, the GPH and MILF Peace
Negotiating Panels, together with the Malaysian Facilitator and the
Third Party Monitoring Team, shall convene a meeting to review, assess
or evaluate the implementation of all agreements and the progress of the
transition. An ‘Exit Document’ officially terminating the peace
negotiation may be crafted and signed by both Parties if and only when
all agreements have been fully implemented.

13. The Negotiating Panel of both Parties shall continue the
negotiations until all issues are resolved and all agreements
implemented.

VIII. NORMALIZATION

1. The Parties agree that normalization is vital to the peace
process. It is through normalization that communities can return to
conditions where they can achieve their desired quality of life, which
includes the pursuit of sustainable livelihoods and political
participation within a peaceful deliberative society.

2. The aim of normalization is to ensure human security in the
Bangsamoro. Normalization helps build a society that is committed to
basic human rights, where individuals are free from fear of violence or
crime and where long-held traditions and value continue to be honored.
Human insecurity embraces a wide range of issues that would include
violation of human and civil rights, social and political injustice and
impunity.

3. As a matter of principle, it is essential that policing structure
and arrangement are such that the police service is professional and
free from partisan political control. The police system shall be
civilian in character so that it is effective and efficient in law
enforcement, fair and impartial as well as accountable under the law for
its action, and responsible both to the Central Government and the
Bangsamoro Government, and to the communities it serves.

4. An independent commission shall be organized by the Parties to
recommend appropriate policing within the area. The commission shall be
composed of representatives from the parties and may invite local and
international experts on law enforcement to assist the commission in its
work.

5. The MILF shall undertake a graduated program for decommissioning
of its forces so that they are put beyond use.

6. In a phased and gradual manner, all law enforcement functions
shall be transferred from the Armed Forces of the Philippines (AFP) to
the police force for the Bangsamoro.

The Parties agree to continue negotiations on the form, functions and
relationship of the police force of the Bangsamoro taking into
consideration the results of the independent review process mentioned in
paragraph 4.

7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH)
as well as the Ad hoc Joint Action Group (AHJAG) with the participation
of the International Monitoring Team (IMT) shall continue to monitor the
ceasefire agreement until the full decommissioning of the MILF forces.
These existing coordinating mechanisms shall be the basis for the
creation of a Joint Normalization Committee (JNC) to ensure the
coordination between the Government and remaining MILF forces, and
through which MILF shall assist in maintaining peace and order in the
area of the Bangsamoro until decommissioning shall have been fully
completed.

8. Both Parties commit to work in partnership for the reduction and
control of firearms in the area and the disbandment of private armies
and other armed groups.

9. The details of the normalization process and timetables for
decommissioning shall be in an Annex on Normalization and shall form
part of this Agreement.

10. The Parties agree to intensify development efforts for
rehabilitation, reconstruction and development of the Bangsamoro, and
institute programs to address the needs of MILF combatants, internally
displaced persons, and poverty-stricken communities.

11. The Parties recognize the need to attract multi-donor country
support, assistance and pledges to the normalization process. For this
purpose, a Trust Fund shall be established through which urgent support,
recurrent and investment budget cost will be released with efficiency,
transparency and accountability. The Parties agree to adopt criteria for
eligible financing schemes, such as, priority areas of capacity
building, institutional strengthening, impact programs to address
imbalances in development and infrastructures, and economic facilitation
for return to normal life affecting combatant and non-combatant elements
of the MILF, indigenous peoples, women, children, and internally
displaced persons.

12. The Parties agree to work out a program for transitional justice
to address the legitimate grievances of the Bangsamoro people, correct
historical injustices, and address human rights violations.

IX. MISCELLANEOUS

1. This Agreement shall not be implemented unilaterally.

2. The Parties commit to work further on the details of the Framework
Agreement in the context of this document and complete a comprehensive
agreement by the end of the year.